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Law Vocab

Terms

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a. Enacted in 1791 b. Rationale: rights are better protected when enumerated or listed as rights that individuals possess. Needed to prevent governmental enactment on the rights of citizens. c. Intention: ensure national government would not become too
Bill of Rights
a. A post-Civil war constitutional change to the constitution that abolished slavery in the US.
2. 13th Amendment
a. The process whereby the Supreme Court of the US, on a case-by-case basis, determined that various rights in the Bill of rights should be incorporated into the Due Process Claus of the 14th amendment.
3. Selective incorporation
a. Description given to explain 4th and 5th amendments of due process- the government must offer each accused person sufficient notice and opportunity to be heard and to have a meaningful opportunity to defend against criminal charges
4. Fundamental fairness
a. A post-Civil war change in the constitution that decreed all persons born in the United States are citizens and guaranteed all persons due process of law.
5. 14th Amendment
a. A constitutional guarantee found in the 5th and 4th amendments to the US Constitution that mandates the state and central governments to treat individuals with “fundamental fairness” when interacting with them, whether the situation involves lawmak
6. Due Process
a. clause in the 14th Amendment that says that states may not treat classes of people differently. Each class of individuals must be treated in the same manner. The equal protection clause does not per se mean that states may not discriminate but everyo
equal protection
a. This concept refers to examining what the writers of the Bill of Rights meant when they enacted a particular amendment. We must look to what they said, the debates in Congress, etc. to determine what the framers meant and then follow what they intend
8. Original intent
a. A court-made rule that prevents the use of evidence illegally seized in violation of the fourth amendment during the prosecutions case in the chief; a court-made rule designed to ensure respect for the fourth amendment by law enforcement officials by r
9. Exclusionary Rule
a. The portion of the Bill of Rights that generally requires warrants for searches and seizures but has been construed to permit warrantless arrests in most situations.
10. 4th Amendment
a. Post civil war change in the constitution that prevented a denial of the right to vote based on previous conditions of servitude.
11. 5th Amendment
a. One way of initiating a serious criminal case whereby the prosecutor, in a writing filed with the proper court, accuses, in plain language and with sufficient particularity, a person with having committed a specific crime or crimes; a method of initiat
12. Information
a. The written product of a grand jury issued when a simple majority of the members conclude that probable cause exists to believe that a particular person has committed a specific crime or crimes, a true bill returned by a grand jury that charges a perso
13. Indictment
a. In determining whether an amendment is applicable to the states we must first determine whether the right protected is fundamental to liberty (democracy). If it is, then it applies to both the federal and state governments.
14. Scheme of ordered liberty
a. Requires that the accused be tried within a reasonable time following arrest, indictment, or the filing of an information.
15. 6th Amendment
a. Allows the prosecutor to bring the case to trial in the future at the prosecution’s discretion.
16. Nolle prosequi
a. Prohibits excessive bail
17. 8th Amendment
a. requirements under the 6th amendment, federal law, state law, and/or state consitiution that a person accused of a crime be brought to trial within a specific time or within a reasonable time following filing of an information, apprehension, or indictm
18. Speedy trial right-
a. The right of an accused under the 5th amendment to refuse to testify otherwise give evidence against himself or herself. Law enforcement officers must explain to person before put into custody
19. Privilege against self-incrimination
a. Derives from the English legal system where laws were either announced by the court or originated through customs and traditions. The common law legal system holds that the state must prove that an individual committed a specific act with specific int
1. Common law legal system
a. There are two separate and distinct court systems which operate in the same geographic area (federal and state) each with their own jurisdiction. There are times when the same offense may conflict with both federal and state laws and each court system
2. Dual system of justice
a. Where the facts and circumstances known to a person of reasonable caution would permit him or her to conclude that seizable property would be found in a particular place or that a particular person has committed a particular crime.
3. Probable cause
a. Offered to first-time offenders to be taken from the traditional prosecutorial system if the individual meets the requirements demanded by the diversion program.
4. Diversion
a. The early post-arrest hearing of the criminal justice process in which the charges are read to the arrestee where counsel is often appointed, where bail may be set and where the court typically asks the arrestee to enter a plea to the charge.
5. Arraignment
a. An early hearing in the criminal justice process where a court determines probable cause to detain, where the bail amount may be set, where early psychiatric examinations may be requested, and where the prosecution may be required to put on a prima fac
6. Preliminary hearing
a. Defendant agrees to plead guilty to a specific charge or charges in exchange for the governments agreement to dismiss other charges and/or for an agreed sentence or recommendation of sentence; an agreement by the government to lower the level of the cr
7. Plea negotiation
a. The criminal activity by one individual might violate both state and federal criminal law, and both jurisdictions could prosecute this individual for distinct federal and state crimes
8. Concurrent jurisdiction
a. The court order that indicates the Supreme Court of the US will hear a case from a state appellate or state supreme court; the court order granted when four justices of the Supreme court of the Us vote to hear a case.
9. Writ of certiorari
a. Testimony given at a preliminary hearing is perpetrated so that the defense and the prosecution are aware of some of the testimony that will be given at trial.
10. Frozen testimony
a. Constituted by an allegation of some defect in the charging instrument, whether it is an indictment, an information, or a citation, will be waived if not asserted.
11. Mandatory pretrial motions
a. Include any defense, objection, or request that the court can determine without a trial of the general issue. Ex. Motion for continuance
12. Discretionary pretrial motions
a. A defendant and a prosecutor have reached a plea agreement which the defendant reserves a particular right to appeal a legal issue.
13. Conditional plea of guilty
a. Where the defendant elects to have the judge or a three-judge panel hear and decide the case in which the defendant has waived various legal rights, especially the 6th amendment right to a jury trial.
14. Bench trial
a. The concept that the pool of citizens from which a grand jury or a trial jury is to be selected must represent identifiable groups within the judicial community. Where identifiable groups have been intentionally excluded, there is the possibility of re
15. Fair cross section requirement
a. Entered motion stating there is not enough evidence to sustain the conviction, court must acquit if evidence does not prove guilt beyond reasonable doubt. May be made after prosecution’s case but if it does not win through, defense may still proceed
16. Motion for acquittal
a. A common law writ that allows a criminal defendant or convict to petition a court when they believe they are being held in violation of the constitution, and who is illegally held to be let free
17. Writ of habeas corpus
a. The legal steps that a convicted defendant must pursue to have a higher count consider whether the defendant had a fundamentally fair trial.
18. Appellate process arrest
a. In misdemeanor cases, information of complaining witness that offer evidence stating the operative facts of the alleged offense to which the complaining witness swears contains the truth. Starts criminal justice process.
19. Complaint
a. Guidelines of the law that the trial judge tends to the jury before it retires to consider the case; the law to be applied to the case.
20. Jury instructions
a. Refers to several methods used to choose the people who will serve on a trial jury.
21. Jury selection
a. The defendant is given the right to appeal after the proceedings. Can involve both defense and prosecution in appealing against the decision.
22. Post-trial motions
a. Statement sent to defendant calling him/her to court.
23. Summons
a. A federal and state constitutional right where members of the community are called to sit in judgment of the defendant to determine guild or lack of guilt. The process determining whether the prosecution has proven its case by having a body of communit
24. Trial by jury
The party suing must have something to lose in order to sue unless they have automatic standing by action of law. The automatic standing rule says that an individual has standing to challenge the Constitutionality of a search, even if he does not have a r
1) Automatic Standing
Following the Bivens v. Six Unknown Named Agents, individuals against whom federal agents have conducted illegal searches and seizures possess a remedy in federal court to sue for damages based on the violation of the Fourth Amendment. Thus, where the ex
2) Bivens Remedy
Limits the use of the Exclusionary Rule, as only those with standing can even argue that their 4th amendment rights had been violated. The right of privacy may be demonstrated by proof that the defendant had a possessory interest in the searched property
3) Concept of Standing
: Evidence discovered or disclosed by reference to exploiting other evidence already known; evidence that may be excluded if the original evidence was “tainted” or illegally seized under the Fourth Amendment. (Wong Sun v. U.S.) – so if conduct an i
4) Derivative Evidence:
The theory that an illegally seized item of evidence, normally excluded under the Fourth Amendment’s exclusionary rule, may be admissible where that evidence and the act of illegal seizure have significant separation by the time and distance sufficientl
5) Doctrine of Attenuation
A court-made rule that prevents the use of evidence illegally seized in violation of the Fourth Amendment during the prosecution’s case in chief; a court-made rule designed to ensure respect for the Fourth Amendment by law enforcement officials by remov
6) Exclusionary Rule:
Original intent was to protect against things like the British Writs of Assistance. Has developed through the years since the 1914 Boyd decision granting a “new trial” when illegally obtained evidence was used in trial. Now uses the exclusionary rul
7) Fourth Amendment
A corollary to the exclusionary rule whereby evidence may be excluded from an individual’s criminal trial where the individual would have normally possessed no standing to suppress evidence; the theory that excludes evidence from a defendant’s trial w
8) Fruit of the Poisonous Tree Doctrine
A judicially recognized exception to the Mapp Exclusionary rule that permits prosecution use of evidence illegally obtained where the searching officers were reasonably unaware of the defect in the search warrant; permits use of illegally seized evidence
Good Faith Exception
An exception to the exclusionary rule the permits the use of evidence that has been discovered through an illegal means where the evidence also has a lawful means of discovery; introduction of evidence discovered during an illegal search and seizure so lo
10) Independent Source Rule
A request, normally filed with the court prior to trial, that seeks to have evidence excluded from consideration by the judge or jury; a pretrial request that the judge order evidence illegally seized in violation of the Fourth or Fifth Amendment excluded
11) Motion to Suppress:
The exception to the exclusionary rule that allows the admission of evidence ( with 4th and 5th Amendment protections) that has been illegally discovered where the evidence clearly would have been discovered by lawful means at a later time. (Nix v. Willi
12) Rule of Inevitable Discovery
The Silver Platter doctrine applied before the Elkins v. United States ruling in 1960. It meant that State officials that obtained evidence illegally were allowed to turn over evidence to federal officials, and have that evidence be admitted into trial. â
13) Silver Platter Doctrine
A generally successful legal theory whereby an individual who has not personally been the victim of a Fourth Amendment violation attempts to suppress evidence where the evidence is sought to be offered against that person or third party. (i.e. owner of t
14) Vicarious Standing
Blanket warrant used by British officials that permitted searches of homes and effects of colonists in the absence of any individual suspicion; a blank search warrant that allowed British Crown officials to search private houses for personal items, person
15) Writs of Assistance
The seizure of the body of a person, under the authority of a government, for whom probable cause exists to warrant a person of reasonable caution to hold the belief that the seized person has committed a crime or crimes.
1) Arrest
A warrant is required for police to make a lawful seizure of a person who is inside that person’s home. Several exceptions to the general rule allow a warrantless arrest under exigent circumstances (an emergency), hot pursuit into the home, or consent
2) Arrest in the Home
A warrantless seizure of a person while he or she is a guest at another person’s home violates the Fourth Amendment.
3) Arrest in Third-Party Home
: Arrest warrants will not be required to arrest within the home where exigent circumstances exist, where that arrest follows a hot pursuit, or under circumstances of consent. Search warrants generally will not be required for motor vehicle searches and
4) Exceptions to the Warrant
Evidence that tends to clear a defendant from fault or guilt…The prosecution in a criminal case is obligated to disclose to the defense any exculpatory evidence in its possession. Also known as “Brady Material”…and suppression by the prosecution
5) Exculpatory Evidence
An emergency situation characterized by a law enforcement official lawfully entering private premises or property without a warrant; situations where life may hang in the balance, which justifies an extraordinary law enforcement response involving a warra
6) Exigent Circumstances
A judicially recognized constitutional right based on the Fourth Amendment that limits governmental intrusion on areas of a person’s life, property, papers and effects. An expectation of privacy is not absolute and may be breached by a demonstration of
7) Expectation of Privacy
An exception to the usual requirement of a warrant where an arrest is effectuated within the arrestee’s home or other place by directly following the suspect inside the structure; the doctrine that permits a warrantless arrest within a suspect’s home
8) Hot Pursuit
A person who serves in a judicial capacity who has authority to issue arrest and search warrants and who has no preconceived reason either to grant or refuse to grant a warrant but makes his or her decision based only on the merits of the evidence.
9) Neutral and Detached Judicial Officer
Where the facts and circumstances known to a person of reasonable caution would permit him or her to conclude that seizable property would be found in a particular place or that a particular person has committed a particular crime.
10) Probable Cause
A judicial procedure required when a person has been arrested without a warrant and without an indictment where the hearing determines only probable cause to hold the individual and must be held within forty-eight hours after arrest. (Riverside v. McLaug
11) Probable Cause Only Hearing
The level of proof that a police officer must have to take a subject into custody lawfully; the level of proof that would permit a person of reasonable caution to form the belief that a particular person had committed or was committing an offense for whic
12) Probable Cause to Arrest:
The type and extent of a search of a home that can be considered reasonable based on the size and type of property that is the object of a home search. Searching officers may search for an object in any home location where the object of the search could
13) Scope of a Search of the Home
A governmental inspection, survey, or examination of the premises of a person’s home, automobile, papers, person, or other area where private material may be stored
14) Search:
The act by law enforcement officials of acquiring dominion and control over a person, property, or contraband.
15) Seizure:
The rationale sufficient to search for an object may exist only for a short time, since some illegal activity depends upon movement of the object. When the probable cause becomes stale, the search for the object becomes unreasonable under the Fourth Ame
16) Stale Probable Cause
The legal position that an accused must hold in order to be able to successfully litigate a motion to suppress evidence under the exclusionary rule of Mapp v. Ohio and the Fourth Amendment; the position of possessing a reasonable expectation of privacy un
17) Standing:
A statute establishing a period of time from the accrual of a cause of action (as upon the occurrence or discovery of an injury) within which a right of action must be exercised
18) Statute of Limitations
Police may neither warrantlessly search a place of residence nor warrantlessly arrest a resident inside a home. The home possesses the highest expectation of privacy under the Fourth Amendment and generally requires a warrant or some exception for law en
19) Warrant Requirement For House
A court order based on probable cause issued by a neutral and detached judicial official directed to law enforcement agents ordering them to obtain official custody of a particularly described individual.
Warrant to Arrest

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